Louis Sternberg’s Answers

Am I still responsible for my sons atty fees if his mother withdrew her petition for relocation?

My ex wife recently withdrew her petition for relocation in which an atty for my son was appointed and a retainer was set. I am a pro se defendant and wanted to know am I still responsible for paying my share of the retainer or can I request his m...

If you are evicted from your residents and have no where to go and have to go to a shelter does it affect custody?

Louis’s Answer

What determines who gets custody in a child custody case

I am involved in a child custody case. In september we go to trial to determine custody. Right now my daughter lives with me. We left her father because of domestic violence issues. It will be a year that I have had her once we go to trial. I have...

Louis’s Answer

May 10, 2015 10:34pm

If there is no settlement, the judge will have a trial and determine custody based on the "best interests of the child."

Child support will decrease or increase

My child father pays 74$ per week for child support. After the amount of 74$ per week was set by the court I started paying child care for my son which is 150$ per week. My child father now calls me telling me he wants the payments to be lowered b...

Louis’s Answer

May 6, 2015 12:29pm

In addition to the basic child support obligation of $74 per week, the order should also have a daycare "add-on." Review your order to see if such a component exists.

If the father's income has decreased, he may be able to seek a modification of the order but you will still be entitled have the daycare paid on a pro-rata basis.

Will I receive out-of-state support after my child's 18th birthday?

My son will be turning 18 this summer and will be attending college in the fall. I currently receive support from his father who lives in Maryland. Maryland law states that the support will cease on my son's 18th birthday but according to NY law i...

Louis’s Answer

April 29, 2015 11:29pm

In New York State, child support continues until the child reaches age 21 unless there is an order directing otherwise.

Louis’s Answer

I have been married in NYS since 2001. In 2012 my husband had a questionable affair, I had no real proof

We have been trying to work things out although we had no real problems before this. Mid life crisis perhaps my husband denied any kind of an affair over and over I recently found discusting sexting pictures of him on an email and started a fold...

Louis’s Answer

April 29, 2015 9:08pm

In New York, his adultery will not have any effect on the property distribution or support claims. You have grounds for divorce, regardless of the affair, based on "irretrievable breakdown" of the marital relationship (New York's no fault divorce).

The process be as quick as a few months or it may require lengthy litigation. A full analysis of the case is required in order to understand all of the issues.

My husband is taking action for divorce - he wants it, shouldn't he pay for the attorney ?

I don't have money like my x husband does, so he wants the divorce shouldn't he pay for the whole thing ? My income is too high for a free one but I can't pay thousands for a divorce.

Louis’s Answer

April 28, 2015 6:00pm

Consult a local attorney about the divorce and discuss the financial situation. The attorney may make a motion to have your husband pay your counsel fees but you will likely be required to pay some money to start to representation.